By Armbrister                                         S.B. No. 1665
         77R9447 GWK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the expunction of certain arrest records and files.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Article 55.01, Code of Criminal Procedure, is
 1-5     amended by adding Subsection (d) to read as follows:
 1-6           (d)  A district court shall expunge under the procedure
 1-7     established under Article 55.02 of this code all records and files
 1-8     relating to the arrest of a person for the commission of an offense
 1-9     punishable as a misdemeanor if the person:
1-10                 (1)  committed the offense when the person was younger
1-11     than 21 years of age;
1-12                 (2)  was placed on deferred adjudication community
1-13     supervision under Section 5, Article 42.12 of this code, for that
1-14     offense;
1-15                 (3)  subsequently received, at least five years before
1-16     filing a petition under Article 55.02 of this code, a dismissal and
1-17     discharge under Section 5(c), Article 42.12 of this code, with
1-18     respect to that offense;
1-19                 (4)  has not been convicted of or placed on deferred
1-20     adjudication community supervision for a felony or Class A or Class
1-21     B misdemeanor, other than the offense that is the subject of the
1-22     petition; and
1-23                 (5)  is not subject to pending charges for a felony or
1-24     a Class A or Class B misdemeanor at the time of filing the
 2-1     petition.
 2-2           SECTION 2.  The change in law made by this Act applies to a
 2-3     defendant seeking expunction of records relating to an arrest
 2-4     regardless of whether the arrest occurred before, on, or after the
 2-5     effective date of this Act.
 2-6           SECTION 3.  This Act takes effect immediately if it receives
 2-7     a vote of two-thirds of all the members elected to each house, as
 2-8     provided by Section 39, Article III, Texas Constitution.  If this
 2-9     Act does not receive the vote necessary for immediate effect, this
2-10     Act takes effect September 1, 2001.